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Leone v. State

Leone v. State, 657 So. 2d 26 (Fla. Dist. Ct. App. 1995)
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Court
District Court of Appeal of Florida · State Appellate Courts
Decided
June 9, 1995
Docket
No. 95-965
Judges
W. Sharp
Citations
657 So. 2d 261995 WL 340218
Cited by 8 2 descriptions by later courts

Opinion

657 So.2d 26 (1995)

Richard LEONE, Petitioner,

v.

STATE of Florida, Respondent.

No. 95-965.

District Court of Appeal of Florida, Fifth District.

June 9, 1995. Rehearing Denied July 21, 1995.

*27 Richard Leone, Raiford, pro se.

No appearance for respondent.

W. SHARP, Judge.

We deny Leone's petition for writ of habeas corpus. This petition is an abuse of process. Leone has filed three prior appeals pursuant to Florida Rule of Criminal Procedure 3.850, [1] one previous petition for writ of error coram nobis, [2] and one other petition for writ of habeas corpus for a belated appeal. [3] Aside from the fact that Leone's arguments in this proceeding have little or no merit, they could and should have been raised either on direct appeal or encompassed in Leone's first rule 3.850 motion. Hardwick v. Dugger, 648 So.2d 100 (Fla. 1994). Enough surely is enough. See Isley v. State, 652 So.2d 409 (Fla. 5th DCA 1995).

DENIED.

GOSHORN and THOMPSON, JJ., concur.

NOTES

[1] Leone v. State, 519 So.2d 1000 (Fla. 5th DCA 1988) (Case No. 87-2222) (PCA).

[2] Leone v. State, 591 So.2d 663 (Fla. 5th DCA 1992) (Case No. 91-2425) (PCA).

[3] Leone v. State, Case No. 93-609 (Fla. 5th DCA Mar. 30, 1993) (Order).

How later courts describe this case

Explanatory parentheticals written by citing courts — 2 in all; the most informative distinct ones are shown.

Cited by 8 cases

View all citing references →
1995: 11996: 21997: 11998: 11999: 22000: 119952026peak 1996 · 2

Relies on it most ⓘ

  1. O'BRIEN v. State689 So. 2d 336 (Fla. Dist. Ct. App. 1997)
  2. Johnson v. State680 So. 2d 1101 (Fla. Dist. Ct. App. 1996)
  3. Webber v. State662 So. 2d 1287 (Fla. Dist. Ct. App. 1995)
  4. Adkins v. State729 So. 2d 955 (Fla. Dist. Ct. App. 1998)
  5. Pinkney v. State682 So. 2d 1182 (Fla. Dist. Ct. App. 1996)
  6. Joseph v. State738 So. 2d 1034 (Fla. Dist. Ct. App. 1999)

Most recent

  1. Culberhouse v. State765 So. 2d 906 (Fla. Dist. Ct. App. 2000)
  2. Joseph v. State738 So. 2d 1034 (Fla. Dist. Ct. App. 1999)
  3. Leone v. State739 So. 2d 168 (Fla. Dist. Ct. App. 1999)
  4. Adkins v. State729 So. 2d 955 (Fla. Dist. Ct. App. 1998)
  5. O'BRIEN v. State689 So. 2d 336 (Fla. Dist. Ct. App. 1997)
  6. Pinkney v. State682 So. 2d 1182 (Fla. Dist. Ct. App. 1996)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 3

DepthCaseCited by
Isley v. State, 652 So. 2d 409 (Fla. Dist. Ct. App. 1995) 259
Hardwick v. Dugger, 648 So. 2d 100 (Fla. 1994) 60
Natoel v. Royal Caribbean Cruise, Ltd., 657 So. 2d 26 (Fla. Dist. Ct. App. 1995) 3

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